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Rear-End Collisions in Maryland: Who’s at Fault and How to Prove It

motorcycle lying on the road after being rear-ended by a car

Rear-end collisions are the most common type of motor vehicle crash in Maryland and Washington, D.C. People often assume they are simple cases where the rear driver is always at fault.

Not in Maryland.

Because Maryland is a pure contributory negligence state, the insurance company will try to argue that you did something wrong — even if the other driver slammed into the back of your vehicle.

If they can blame you even 1%, your entire claim can be denied.

Whether your crash occurred in Baltimore City, Montgomery County, Prince George’s County, Howard County, Baltimore County, or Washington, D.C., this guide explains how fault really works in rear-end accidents and how to build the evidence needed to win — often with the help of an experienced motor vehicle accident lawyer.


Why Rear-End Accident Cases Are Not as Simple as People Think

Most people believe that if someone hits you from behind, liability is guaranteed.

Insurance companies think differently.And in Maryland, they have every incentive to fight.

Common tactics insurers use:

  • Claiming you “stopped too suddenly”

  • Alleging your brake lights weren’t working

  • Blaming you for “cutting in front” of the other driver

  • Saying you were “distracted”

  • Arguing you failed to signal

  • Suggesting you contributed to the crash in any way

Why do they do this?

Because in Maryland:

If they can blame you even 1%, they owe you nothing.

Who Is Presumed at Fault in a Maryland Rear-End Accident?

Maryland law requires drivers to:

  • Maintain a safe following distance

  • Drive at a controlled speed

  • Pay attention to road conditions

  • Keep their vehicle under control

When a driver rear-ends you, there is a strong presumption that they were:

  • Distracted

  • Following too closely

  • Speeding

  • Tailgating

  • Not paying attention

  • Driving aggressively

This is especially common on:

  • I-95

  • I-495

  • The BW Parkway

  • Route 29

  • Route 1

  • Downtown Baltimore corridors

  • D.C. intersections

But this presumption is not enough. You still need evidence — especially in Maryland.

How to Prove the Other Driver Was 100% At Fault?

These are the most powerful types of evidence in rear-end collisions:

1. Scene Photos and Videos

The most persuasive evidence includes:

  • Damage to both vehicles

  • Roadway debris patterns

  • Skid marks (or lack of them)

  • Intersection layout

  • Traffic control signals

  • Weather and lighting conditions

Photos defeat false “you stopped suddenly” claims.

2. Surveillance Footage

Cameras from:

  • Stores

  • Gas stations

  • Traffic poles

  • Homes (including Ring cameras)

Many rear-end collisions are actually captured on video — but the footage is often deleted within days.

We send preservation letters immediately.

3. 911 Calls and Dispatch Audio

Real-time recordings frequently include:

  • Witness statements

  • Driver admissions

  • Speed descriptions

  • Descriptions of reckless behavior

These recordings are pure gold in rear-end cases.

4. Police Body-Worn Camera (BWC) Footage

BWC footage captures:

  • Statements made at the scene

  • The positions of the vehicles

  • Traffic flow

  • Weather and visibility

  • Driver behavior

This is some of the best evidence available.

5. Vehicle “Black Box” Crash Data

Modern cars record:

  • Speed before impact

  • Braking attempts

  • Acceleration

  • Steering

  • Impact force

This data can prove the other driver never slowed down.

6. Independent Witness Statements

Witnesses often confirm:

  • Who was speeding

  • Who was tailgating

  • Whether you were stopped lawfully

  • Whether the at-fault driver was looking down or texting

We contact witnesses before the insurance company does.

What If You Stopped Suddenly?

Maryland law does not prohibit sudden stops.

You are allowed to:

  • Brake for turning vehicles

  • Slow for pedestrians

  • Stop for animals

  • Avoid road debris

  • React to traffic signals

  • Stop for congestion

Even if you stopped unexpectedly, the rear driver still must control their vehicle.

But insurers will still try to argue:

“You contributed to the crash.”

This is why you need strong evidence.

Common Injuries in Maryland Rear-End Collisions

Rear-end injuries often include:

  • Whiplash

  • Herniated discs

  • Concussions

  • Shoulder injuries

  • Knee injuries from dashboard impact

  • Back strains and sprains

  • Headaches and migraines

These injuries may take hours — or even days — to fully appear.

Always seek medical care immediately.

How Insurance Companies Fight Rear-End Claims

Insurers often argue:

  • Your injuries are “minor”

  • You treated “too long”

  • Your pain is “pre-existing”

  • Your bills are “excessive”

  • You “should have avoided the crash”

They will also offer lowball settlements early, hoping you don’t know your rights.

How Falodun Law Proves Liability in Rear-End Collisions

We aggressively gather and protect evidence by:

✓ Securing surveillance videos before they’re deleted

✓ Obtaining 911 calls and BWC recordings

✓ Interviewing witnesses immediately

✓ Downloading crash data (black box)

✓ Getting full accident reconstruction if necessary

✓ Building a complete evidence package that eliminates any ‘1% fault’ claim

Our job is to make your case undeniable.

Serving Injury Victims Across Maryland & D.C.

Falodun Law represents rear-end crash victims in:

  • Baltimore City

  • Baltimore County

  • Howard County

  • Montgomery County

  • Prince George’s County

  • Charles County

  • Anne Arundel County

  • Washington, D.C.

Contact Falodun Law Today — We Will Prove the Other Driver Was 100% at Fault

Rear-end collisions can become complicated fast — especially in Maryland.We know the evidence you need, and we know how to beat the insurance company’s tactics.

📞 Call or Text: (301) 289-7737 🌐 www.falodunlaw.com 💬 Free Consultation — No Fee Unless We Win

 
 

Guiding clients through legal challenges to achieve the justice and compensation they deserve. We handle cases involving auto accidents, personal injury, police misconduct, slip and falls, medical malpractice, and other injury-related claims.

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